Tax Tips So Dependent On You: Who Can I Claim as a Dependents on my 2009 Tax Return? Read the Article Open Share Drawer Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Pinterest (Opens in new window)Click to print (Opens in new window) Written by TurboTaxBlogTeam Published Mar 29, 2010 - [Updated Jun 12, 2019] 5 min read Over the past few years, questions around who can claim who and why has dramatically changed. There are more blended families in the U.S. The economy has taken a toll on our bottom lines resulting in three or four generations of families living together to save money. And yes, even non-family members moving in with each other to save a buck. So how do those changes affect your tax situation? Can you claim your girlfriend on your taxes? What about your son who lives with your mother? And of course, pets. Can you claim Buster the beagle on your taxes? I sat down with Lee Ferris, one of our in-house tax experts and asked her those same questions. The question and answer session aims to explain some of the more common dependent questions so you can get your biggest refund possible. Question: Can someone claim their girlfriend or boyfriend on their taxes? Answer: If your girlfriend has lived with you for all of 2009, her gross income is less than $3,650, and you’ve provided more than half of her total support (which is room board, food, car, insurance, etc.), you could claim her as a dependent on your tax return. To determine if you pay for more than half of her support, see IRS Pub 501 page 20. Each dependent you claim on your 2009 tax return reduces your taxable income by up to $3,650. Question: What if we have a child, can I claim the baby also? Answer: If the baby is your child, lived with you for more than half the year, and can’t support itself, you can claim the child as your dependent. And I know you are thinking, ‘Of course my baby can’t support itself.’ This was a-recent change by the IRS and a good example is if you have a child that is an actor. That child might be receiving a decent income and that counts as supporting itself. But for all those parents with non-actor children out there, you can claim a child under the age of 19. If the child is a full-time student then you can claim them until the age of 24. If they are 25, working on their master’s degree and not earning any income you might be able to claim what the IRS calls a “qualified relative.” I would recommend visiting the IRS link to get more info on what defines the qualified relative and qualified child. Question: My sister lives with me, and she receives Social Security Disability Benefits. If I charge her rent – which gets paid with social security – can I claim her as a dependent on my tax return? Answer: If you are providing more than half of her total support (taking into consideration the rent she’s paying you) and she doesn’t make more than $3,650 a year, you can most likely claim her. Remember her social security isn’t counted as gross income. Look at the IRS worksheet in pub 501 to get more information on this. Question: Can I claim any of my pets? What if they require special needs? Answer: No. But I have been reading about a bill in Congress that is making the rounds that allows people to deduct pet medical expenses up to $3,500. The bill is proposed by Republican Thaddeus McCotter of Michigan. I am not sure what will happen with this but it is worth paying attention to. Q: My parents just moved in with us so that we can take care of them. Can I claim them? Answer: This is a common question right now because of the economy. If they are living with you, their only source of income is social security, and you are supporting them by more than 50 percent, you can claim them as a qualified relative. Remember, social security doesn’t count towards their gross income. Also, remember that since they are qualified relatives, they don’t have to live with you. You could be supporting them in their own home and still claim them as dependents. Question: Can I still claim my spouse even though she received unemployment the majority of the year? Answer: Even if your spouse is a stay-at-home mom, you can’t claim her as a dependent. This is why I encourage you to file a joint return. That way you get $3,650 for you and $3,650 for your spouse as a write-off – also known as an exemption. So 99 percent of the time it is more beneficial to file jointly because of that write-off amount and other deductions and credits. However, one of my top questions this year is “Is unemployment taxable?” And the answer is, the first $2,400 of unemployment is NOT taxable. If both spouses receive unemployment benefits during 2009, each may exclude from taxable income the first $2,400 of benefits they received. Question: I have been supporting my grandchild for the past six months and paid for everything. Do I claim her or does my daughter? Answer: It depends. There are some questions you need to answer first. Will the father claim the child on his return? Is your daughter going to claim the child? If the child has lived with you for more than six months, both the father and your daughter are not going to claim the child , then yes, you can probably claim your granddaughter as a qualified child and get the various child credits on your tax return. Question: Can I claim my niece if she is here on a student visa, going to college, and living with us? She makes no money here, pays no rent to us and we support all her expenses, except for tuition. Answer: In this case, if she is under 24 and a full-time student and she’s not a qualifying child for anyone else, you can probably claim her as a dependent. But I like to urge people to please ensure that someone else is not already claiming the person in question as a dependent. Your niece can’t be claimed more than once. Also you can only claim the niece as a dependent if she’s a U.S citizen, U.S. resident, U.S. National, or resident of Canada or Mexico. For questions we haven’t covered, please check out the IRS.gov page. The site has updated sample situations to help U.S. filers. Check out this TurboTax video as well: http://www.youtube.com/v/sbD8BfZzs8s?fs=1&hl=en_US&rel=0 Previous Post Hot Tax Topics: Filing an Extension, Paying Your Tax Bill Next Post What are Personal Property Taxes? Written by TurboTaxBlogTeam More from TurboTaxBlogTeam 227 responses to “So Dependent On You: Who Can I Claim as a Dependents on my 2009 Tax Return?” « Older Comments Newer Comments » My Uncle had been collecting less then $150/W on unemployment for about half of the year 2012, I have been helping him out with more then half of his other finance needs, he also currently owes the irs but is up to date with payments. Can i claim him on my taxes this year? Reply Hi Nicole, Because your uncle would be considered your “qualifying relative”, in order for you to claim him he could not earn more than $3,800 taxable income in 2012. Since unemployment is taxable and it sounds like he would have earned more than $3,800 you can not claim him. If it turns out the amount is less than that and you provided over half of his support you would be able to claim him. Thank you, Lisa Greene-Lewis Reply My dad has been living with me and he doesnt have any source of income. He is not able to work and he is in the process of applying for disability. Since he staying with me, without any payments or help could I claim him on mine and my husbands taxes? Reply Hi Tippi, Yes you could as long as: -You provided over half of his support for the year -He did not make over $3,800 for the year -He is a US Citizen, national, resident of Canada or Mexico TurboTax will ask you the necessary questions to take the deduction if you’re eligible. Thank you, Lisa Greene-Lewis Reply Hi, my husband and I can not file taxes because we are on disability. My 17 year old daughter who lives with us is working. Can she claim our 7 year old son on her taxes? Reply Hi Beck – You would typically file jointly with your wife (unless she is a non-resident). Filing a joint return allows an exemption for yourself and your spouse which is the same amount as the dependent exemption. You do not separately claim here as a dependent. For your child to qualify, they must also be a US citizen or resident, or a resident of Canada or Mexico. This link has more details about who is a dependent http://turbotax.intuit.com/support/iq/About-your-Dependents/Who-is-a-dependent-/GEN12426.html Thanks, KarenL Reply I am trying to find out if my son can claim his girlfriend and her son if she is recv. social security from her husbands death? I am wondering if i can claim her and her son as a dependent. Reply Tam… In general, there are 5 tests that have to be met to claim someone as a dependent on your return (or your son’s in this case). Because TurboTax walks you through the tests to determine if you qualify, I would recommend your son do that. It is much easier doing this than wading through the IRS publication. By the way, one of the tests is an income test. Social security is not counted as income for purposes of this test. Only one person can claim someone else as a dependent on their return. It may be you or your son, but not both. Go through the TurboTax interview to see which one of you may qualify. It’s worth a lot of money, so give it a shot. Good luck! Bob Meighan, VP TurboTax Reply My daughter and myself have lived with my boyfriend all year. I received unemployment from april 2012 through december of 2012, totaling 4118.00. can he claim both of us or just my daughter? Her bilogical father cannot claim her at all. Thanks Reply My grandson lived with me for 7 months of the year and then went back to live with his father. Can I claim him on my 2012 taxes? What if the father says he is going to claim him too? The mother hasn’t worked and is not in the child’s life and will not be filling a return. Reply Hello Deb – Only one person can claim your grandson as a dependent. And, in most cases, it defaults to the biological parent. Here is a link with basic Q&A about dependents http://turbotax.intuit.com/support/iq/About-your-Dependents/Who-is-a-dependent-/GEN12426.html But, your situation may be more complex, so I am including a link to IRS Pub 501 (page 11) that may help as well. http://www.irs.gov/pub/irs-pdf/p501.pdf Thanks, Karen Reply i have my niece and she stay with me and her mother but most of the year with me can i clam her and then her mom clam her next year Reply Hi Jessica – Possibly. She must be a citizen or resident of the United States, or a resident of Canada or Mexico and had to receive more than half of her support from you. Also, her income must be less than $3,800 for the entire year. This link has more details that may help http://turbotax.intuit.com/support/iq/About-your-Dependents/Who-is-a-dependent-/GEN12426.html Thanks, Karen L Reply Hi, I posted a question a couple weeks ago and did not receive a response. Any help would be greatly appreciated! I posted: Hi, I am a single foster mother on SSI and SSDI due to brain cancer and cannot work. Due to this, I have no income of my own aside from what I receive in benefits. I have a little one I’ve been taking care of for a little over a year now. Can I claim her on my taxes? I have never (since being disabled) needed to pay anything towards taxes but would I receive a refund (I’d love to start a college fund for her) this year? I am in the process of adopting her also so would this also change my taxes for the following year? Thank you so much =) Reply Hi Brittan – It sounds like you have a lot going on in your life. You can claim your foster child as a dependent as long as she lived with you and you provided her support. This link has more details about who is a dependent http://turbotax.intuit.com/support/iq/About-your-Dependents/Who-is-a-dependent-/GEN12426.html Typically, in order to receive a refund of taxes, you have to have had taxes withheld on your pay or have paid in estimated taxes. If you are thinking about credits, most of them require you to have “earned income”. I would suggest starting a return for free with Turbo TAx…and make sure to go through the dependents and credits section to see how it works out for you. Thanks, Karen Reply I’m 21 and planning on getting married this summer. My fiancee and I are both college students and planning on getting our own apartment. I have not lived with my mom for almost 2 years. I don’t receive any financial help from her but I am covered in her health insurance and car insurance policies. I don’t work but I support myself with my financial aid refund. This year and the previous years she has claimed me as a dependent and so I was wondering if I’m married, will she still be able to claim me as a dependent next year since I’m on her health insurance and car insurance policies? If she won’t be able to claim me, will my fiancee be able to claim me next year if he’s the one working and I don’t work? Again, if I receive a financial aid refund next year, that will be my only income I have. Reply Hi – It can get very confusing. Hopefully, I can help clear it up a little. If you are married, typically, you and your husband will file a joint return. Filing a joint return allows a personal exemption for each of you which “takes the place” of the dependent exemption. It doesn’t matter whether you earn income or not. This link Who Is A Dependent? http://turbotax.intuit.com/support/iq/About-your-Dependents/Who-is-a-dependent-/GEN12426.html Let up know if you need more help! Thanks, Karen Reply Thanks for the reply! I was wondering would I be able to file my own taxes this year and have my mom not claim me as dependent since I support myself with my financial aid? Or is that still considered support from my mom? « Older Comments Newer Comments » Leave a ReplyCancel reply Browse Related Articles Business Taxes Filing Business Taxes for an LLC for the First Time Latest News How the Social Security Fairness Act Boosts Benefits for Public Workers Income Tax by State Idaho State Income Tax in 2025: A Guide Income Tax by State Indiana State Income Tax in 2025: A Guide Income Tax by State Illinois State Income Tax in 2025: A Guide Income Tax by State Kansas State Income Tax in 2025: A Guide Income Tax by State Kentucky State Income Tax in 2025: A Guide Income Tax by State New York State Income Tax in 2025: A Guide Income Tax by State North Carolina State Income Tax in 2025: A Guide Income Tax by State Iowa State Income Tax in 2025: A Guide
My Uncle had been collecting less then $150/W on unemployment for about half of the year 2012, I have been helping him out with more then half of his other finance needs, he also currently owes the irs but is up to date with payments. Can i claim him on my taxes this year? Reply
Hi Nicole, Because your uncle would be considered your “qualifying relative”, in order for you to claim him he could not earn more than $3,800 taxable income in 2012. Since unemployment is taxable and it sounds like he would have earned more than $3,800 you can not claim him. If it turns out the amount is less than that and you provided over half of his support you would be able to claim him. Thank you, Lisa Greene-Lewis Reply
My dad has been living with me and he doesnt have any source of income. He is not able to work and he is in the process of applying for disability. Since he staying with me, without any payments or help could I claim him on mine and my husbands taxes? Reply
Hi Tippi, Yes you could as long as: -You provided over half of his support for the year -He did not make over $3,800 for the year -He is a US Citizen, national, resident of Canada or Mexico TurboTax will ask you the necessary questions to take the deduction if you’re eligible. Thank you, Lisa Greene-Lewis Reply
Hi, my husband and I can not file taxes because we are on disability. My 17 year old daughter who lives with us is working. Can she claim our 7 year old son on her taxes? Reply
Hi Beck – You would typically file jointly with your wife (unless she is a non-resident). Filing a joint return allows an exemption for yourself and your spouse which is the same amount as the dependent exemption. You do not separately claim here as a dependent. For your child to qualify, they must also be a US citizen or resident, or a resident of Canada or Mexico. This link has more details about who is a dependent http://turbotax.intuit.com/support/iq/About-your-Dependents/Who-is-a-dependent-/GEN12426.html Thanks, KarenL Reply
I am trying to find out if my son can claim his girlfriend and her son if she is recv. social security from her husbands death? I am wondering if i can claim her and her son as a dependent. Reply
Tam… In general, there are 5 tests that have to be met to claim someone as a dependent on your return (or your son’s in this case). Because TurboTax walks you through the tests to determine if you qualify, I would recommend your son do that. It is much easier doing this than wading through the IRS publication. By the way, one of the tests is an income test. Social security is not counted as income for purposes of this test. Only one person can claim someone else as a dependent on their return. It may be you or your son, but not both. Go through the TurboTax interview to see which one of you may qualify. It’s worth a lot of money, so give it a shot. Good luck! Bob Meighan, VP TurboTax Reply
My daughter and myself have lived with my boyfriend all year. I received unemployment from april 2012 through december of 2012, totaling 4118.00. can he claim both of us or just my daughter? Her bilogical father cannot claim her at all. Thanks Reply
My grandson lived with me for 7 months of the year and then went back to live with his father. Can I claim him on my 2012 taxes? What if the father says he is going to claim him too? The mother hasn’t worked and is not in the child’s life and will not be filling a return. Reply
Hello Deb – Only one person can claim your grandson as a dependent. And, in most cases, it defaults to the biological parent. Here is a link with basic Q&A about dependents http://turbotax.intuit.com/support/iq/About-your-Dependents/Who-is-a-dependent-/GEN12426.html But, your situation may be more complex, so I am including a link to IRS Pub 501 (page 11) that may help as well. http://www.irs.gov/pub/irs-pdf/p501.pdf Thanks, Karen Reply
i have my niece and she stay with me and her mother but most of the year with me can i clam her and then her mom clam her next year Reply
Hi Jessica – Possibly. She must be a citizen or resident of the United States, or a resident of Canada or Mexico and had to receive more than half of her support from you. Also, her income must be less than $3,800 for the entire year. This link has more details that may help http://turbotax.intuit.com/support/iq/About-your-Dependents/Who-is-a-dependent-/GEN12426.html Thanks, Karen L Reply
Hi, I posted a question a couple weeks ago and did not receive a response. Any help would be greatly appreciated! I posted: Hi, I am a single foster mother on SSI and SSDI due to brain cancer and cannot work. Due to this, I have no income of my own aside from what I receive in benefits. I have a little one I’ve been taking care of for a little over a year now. Can I claim her on my taxes? I have never (since being disabled) needed to pay anything towards taxes but would I receive a refund (I’d love to start a college fund for her) this year? I am in the process of adopting her also so would this also change my taxes for the following year? Thank you so much =) Reply
Hi Brittan – It sounds like you have a lot going on in your life. You can claim your foster child as a dependent as long as she lived with you and you provided her support. This link has more details about who is a dependent http://turbotax.intuit.com/support/iq/About-your-Dependents/Who-is-a-dependent-/GEN12426.html Typically, in order to receive a refund of taxes, you have to have had taxes withheld on your pay or have paid in estimated taxes. If you are thinking about credits, most of them require you to have “earned income”. I would suggest starting a return for free with Turbo TAx…and make sure to go through the dependents and credits section to see how it works out for you. Thanks, Karen Reply
I’m 21 and planning on getting married this summer. My fiancee and I are both college students and planning on getting our own apartment. I have not lived with my mom for almost 2 years. I don’t receive any financial help from her but I am covered in her health insurance and car insurance policies. I don’t work but I support myself with my financial aid refund. This year and the previous years she has claimed me as a dependent and so I was wondering if I’m married, will she still be able to claim me as a dependent next year since I’m on her health insurance and car insurance policies? If she won’t be able to claim me, will my fiancee be able to claim me next year if he’s the one working and I don’t work? Again, if I receive a financial aid refund next year, that will be my only income I have. Reply
Hi – It can get very confusing. Hopefully, I can help clear it up a little. If you are married, typically, you and your husband will file a joint return. Filing a joint return allows a personal exemption for each of you which “takes the place” of the dependent exemption. It doesn’t matter whether you earn income or not. This link Who Is A Dependent? http://turbotax.intuit.com/support/iq/About-your-Dependents/Who-is-a-dependent-/GEN12426.html Let up know if you need more help! Thanks, Karen Reply
Thanks for the reply! I was wondering would I be able to file my own taxes this year and have my mom not claim me as dependent since I support myself with my financial aid? Or is that still considered support from my mom?